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Prohibition of Abuse of Enterprises With a Dominant Position in the Market According to the Competition Law in Albania and Kosovo journal article

Egzone Osmanaj, Njomëza Zejnullahu

European Competition and Regulatory Law Review, Volume 7 (2023), Issue 4, Page 216 - 226

The contemporary legal framework in various jurisdictions includes provisions aimed at preventing the abuse of market-dominant enterprises, with the overarching goal of addressing monopolistic practices. This research centres on the examination of competition law in the contexts of Albania and Kosovo, specifically within the realm of addressing abusive behaviour by dominant market players. This article looks at the existing legal framework pertaining to the abuse of dominant market positions in Albania and Kosovo, and how closely it aligns with European legislation in this domain. Additionally, it considers the efficacy of the provisions prohibiting abusive conduct by dominant enterprises. Examining these two distinct legal systems is crucial, because both are currently in the early stages of alignment with EU legislation.Through analysing the legislative frameworks and the decisions rendered by the Competition Authorities in the countries under scrutiny, several key findings emerge: Firstly, the competition legislation in the examined states, particularly in Albania, bears a striking resemblance to the European Union's legal framework. Secondly, it is evident that Albania has devoted more research and attention to the issue of abuse of dominant positions than Kosovo. Specifically, the Albanian Competition Authority has conducted comprehensive investigations across various sectors of the economy, leading to the imposition of fines on dominant enterprises found to engage in abusive practices. Keywords: abusive behaviour; enterprise; dominant position; competition; market


Agreements, Concerted Practices, and Decisions by Associations of Undertakings in the EU, Kosovo, North Macedonia, and Albania: journal article

Comparative Overview

Egzone Osmanaj, Adnan Jashari

European Competition and Regulatory Law Review, Volume 6 (2022), Issue 3, Page 222 - 236

The purpose of this article is to do a comparative analysis of the competition law in the EU, Kosovo, North Macedonia, and Albania, regarding the regulation of anti-competitive agreements. The article focuses on the treatment and analysis of three basic notions: agreement, concerted practice, and decisions by associations of undertakings. The methodology is mainly based on analysis of the relevant legal framework of the countries included in this study, ie the article uses the method of analysis of legislation and the comparative method. The article also uses the method of case law analysis, which makes it possible to analyse the EU case law approach in relation to the concept of prohibited agreements. Specifically, we assess the approach of the European Commission and the EU Courts, from which the main criteria that must be taken into consideration when defining the notion of prohibited agreements result. The findings of the legislative and comparative analysis show that there is a high approximation between the legal framework of Kosovo, North Macedonia, and Albania, with that of the EU, in the field of prohibited agreements. Keywords: agreements between undertakings; concerted practices; decisions by associations of undertakings; Kosovo; North Macedonia; Albania

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